Seattle Attorneys Blog
On February 4, 2025, the Department of Education issued a “Dear Colleague” letter stating that it will enforce Title IX pursuant to the 2020 Title IX Rule instead of the 2024 Title IX Rule. “Dear Colleague” letters are used by the Department of Education and other agencies to provide guidance and communicate their interpretation of the law and how they intend to enforce it. The letter clarifies that the procedural protections and definition of “sexual harassment” in the 2020 Title IX Rule will be enforced.
The letter cites the decision of the Eastern District of Kentucky in Tennessee v. Cardona, which the 2024 Title IX Rule nationwide in its entirety. The letter also cites Executive Order 14168, which would prohibit the Department of Education from enforcing the gender-identity protections included in the 2024 Title IX Rule. The letter clarifies that, in light of the court’s decision in Cardona and the Executive Order, Title IX will be enforced pursuant to the 2020 Title IX Rule and the pre-existing regulations set forth in 34 C.F.R. 106 et. seq. The 2024 Title IX Rule will not be enforced.
The letter further advises schools re-evaluate any investigations that were initially opened under the 2024 Title IX Rule to ensure they are consistent with the 2020 Title IX Rule.
The 2020 Title IX Rule has a more narrow definition of “sexual harassment” and a more limited application to conduct that occurs off-campus. Reverting to the 2020 Title IX Rule will reinstate some of the procedural protections afforded to accused students under that rule, including prohibiting the Title IX Coordinator or Investigator from being the decision maker, requiring advance written notice of investigative interviews, and requiring schools to provide evidence to the parties and their advisors by a specified time. Additionally, post-secondary schools must allow a live hearing and allow each party’s advisor to cross-examine the other party and witnesses. The 2024 Title IX Rule required schools to use a preponderance of the evidence standard, while the 2020 Title IX Rule allows schools to use either a preponderance of the evidence or a clear and convincing standard.
Schools will need to figure out how to address the policies and procedures they updated for the 2024 Title IX Rule. Based on the Dear Colleague Letter, they will also need to review ongoing investigations opened under the 2024 Title IX Rule and make sure they are consistent with the 2020 Title IX Rule. Given the sudden requirement for changes so soon after changes were needed to implement the 2024 Title IX Rule, there is a likelihood of confusion and potential errors, especially in open investigations.
If you have been accused of sexual harassment or sexual misconduct at school, you need a skilled Washington Title IX defense attorney to protect your rights. It is important to seek help early in the process to protect your rights during the investigation and any resulting disciplinary proceedings. Schools may not understand their obligations or your rights with all of the recent changes to Title IX, so you need someone on your side. Call Blair & Kim, PLLC at (206) 622-6562 to set up a consultation.